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2024-cv-08599

United States Olympic and Paralympic Committee v. The Partnerships and Unincorporated Associations Identified on Schedule A

日期:09/18/2024

法院:伊利诺伊州北区法院

品牌:Olympic 奥林匹克

律所:Keith

日期 描述
11/26/2024 EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 24-0032: IT APPEARING THAT, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable April M. Perry; therefore IT IS HEREBY ORDERED that the attached list of 290 cases be reassigned to the Honorable April M. Perry; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable April M. Perry's webpage on the Court's website for the purpose of reviewing instructions regarding scheduling and case management procedures; and IT IS FURTHER ORDERED that any civil case that has been reassigned pursuant to this Order will not be randomly reassigned to create the initial calendar of a new district judge for twelve months from the date of this Order; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable April M. Perry to the Court's civil case assignment system during the next business day, so that she shall receive a full share of such cases; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable April M. Perry to the Court's criminal case assignment system ninety (90) days so that Judge Perry shall thereafter receive a full share of such cases. Case reassigned to the Honorable April M. Perry for all further proceedings. Honorable Andrea R. Wood no longer assigned to the case. Signed by Honorable Virginia M. Kendall on 11/26/2024.
11/25/2024 SATISFACTION of Judgment as to [Certain] defendants
11/25/2024 NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants
11/25/2024 DEFAULT JUDGMENT ORDER. Signed by the Honorable Andrea R. Wood on 11/25/2024. Mailed notice
11/25/2024 MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's motion for entry of default judgment [39] is granted as to the Defaulting Defendants. Specifically, after a hearing on 11/14/2024 and having considered Plaintiff's motion and supporting materials, the Court grants Plaintiff's request for entry of default and default judgment as to Defaulting Defendants. None of Defaulting Defendants timely answered or otherwise appeared and therefore entry of default pursuant to Fed. R. Civ. P. 55(a) is appropriate. "The basic effect of an entry of default. is that upon default, the well-pleaded allegations of a complaint relating to liability are taken as true." VLM Food Trading Int'l, Inc. v. Ill. Trading Co., 811 F.3d 247, 255 (7th Cir. 2016) (internal quotation marks omitted).The Court finds that Defaulting Defendants' infringing conduct was willful. With respect to monetary relief, Plaintiff requests an award of $400,000 in statutory damages against each Defaulting Defendant. A plaintiff in a case involving the use of a counterfeit mark may elect to seek statutory damages in the amount of: (1) not less than $1,000 or more than $200,000 per counterfeit mark per type of goods or services sold, offered for sale, or distributed, as the court considers just; or (2) if the court finds that the use of the counterfeit mark was willful, not more than $2,000,000 per counterfeit mark per type of goods or services sold, offered for sale, or distributed, as the court considers just. 17 U.S.C. § 1117(c). In determining the amount of statutory damages to award in this case, the Court has considered the difficulty or impossibility of proving actual damages, the circumstances of the infringement, the efficacy of the damages as a deterrent to future infringement, the value of the Plaintiff's brand and its efforts to protect the brand, and the extent or profitability of the Defaulting Defendants' wrongful activities. In addition, the Court has considered the amounts of statutory damages requested and awarded in similar cases. Based on these factors, the Court awards Plaintiff $400,000 per Defaulting Defendant. Enter Default Judgment Order. This case remains pending as to the Defendants who have appeared and answered the complaint. Mailed notice
11/14/2024 ORDER. Signed by the Honorable Andrea R. Wood on 11/14/2024. Mailed notice
11/14/2024 MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 11/14/2024. As discussed on the record, Plaintiff's motion for entry of default and default judgment against the Defendants identified in First Amended Schedule A 39 is taken under advisement. Defendants Chenniaoo, Megreey, and Somehow's first motion for extension of time to answer or otherwise plead 32, Defendant Anhui Sitingka Trading Co., Ltd's first motion for extension of time to answer or plead 36, and Defendants NHIS STORE and Ozby LLC's unopposed motion for an extension of time to answer or otherwise respond to Plaintiff's complaint 38 are granted. Those Defendants shall answer or otherwise respond to Plaintiff's complaint by 12/3/2024. Additionally, Defendant Anhui Sitingka Trading Co., Ltd's consented joint motion to modify asset restraint 34 is granted. Enter Order. Telephonic status hearing set for 12/12/2024 at 10:15 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (650) 479-3207 and the access code is 1808131170. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice
11/22/2024 MINUTE entry before the Honorable Andrea R. Wood: Defendant 10-Anhui Sitingka Trading Co., Ltd's second motion for extension of time to answer or plead 48 is granted. Defendant 10-Anhui Sitingka Trading Co., Ltd. shall answer or otherwise respond to the complaint by 12/11/2024. Mailed notice
11/20/2024 MOTION by Defendant Anhui Sitingka Trading Co., Ltd for extension of time to file answer regarding complaint 1 (UNOPPOSED)
11/18/2024 Defendant Ozby LLC`s ANSWER to Complaint by Ozby LLC
11/18/2024 Defendant Nhis Store`s ANSWER to Complaint by NHIS STORE
11/14/2024 NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants
11/11/2024 NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants
11/07/2024 MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's motion for entry of default and default judgment against the Defendants identified in First Amended Schedule A 39 will be heard at the telephonic hearing set for 11/14/2024 at 9:15 AM. Any party wishing to be heard on the motion shall contact the courtroom deputy (laritza_arcos@ilnd.uscourts.gov) for instructions on how to join the call. Motion to appear pro hac vice 37 is granted. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (650) 479-3207 and the access code is 1808131170. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice
11/04/2024 NOTICE of Voluntary Dismissal by All Plaintiffs [CORRECTED] Notice of Dismissal 41 - as to certain defendants
11/03/2024 NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants
11/01/2024 MEMORANDUM by United States Olympic and Paralympic Committee in support of motion for default judgment 39
附件:
1:Exhibit 1
2:Exhibit 2
3:(Declaration of Keith A. Vogt)
11/01/2024 MOTION by Plaintiff United States Olympic and Paralympic Committee for default judgment as to Against the Defendants Identified in First Amended Schedule A
附件:
1:(Exhibit 1)
11/01/2024 MOTION by Defendants NHIS STORE, Ozby LLC for extension of time
11/01/2024 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-22680999.
10/31/2024 MOTION by Defendant Anhui Sitingka Trading Co., Ltd for extension of time to file answer regarding complaint 1 (UNOPPOSED)
10/31/2024 ATTORNEY Appearance for Defendant Anhui Sitingka Trading Co., Ltd by Christopher Paul Keleher
10/30/2024 MOTION by Defendant Anhui Sitingka Trading Co., Ltd CONSENTED JOINT MOTION TO MODIFY ASSET RESTRAINT
10/30/2024 ANSWER to Complaint by Funnlot
10/29/2024 MOTION by Defendants Chenniaoo, Megreey, Somehow for extension of time to file answer regarding complaint 1 (UNOPPOSED)
10/29/2024 ATTORNEY Appearance for Defendants Chenniaoo, Megreey, Somehow by Christopher Paul Keleher
10/29/2024 ATTORNEY Appearance for Defendant Funnlot by Zhihui Guo
10/15/2024 PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Andrea R. Wood on 10/15/2024. Mailed notice
10/15/2024 MINUTE entry before the Honorable Andrea R. Wood: Telephonic status and motion hearing held on 10/15/2024. Only Plaintiff's counsel appeared. For the reasons stated on the record, Plaintiff's motion for entry of a preliminary injunction 23 is granted. Enter Preliminary Injunction Order. The Clerk's Office is directed to unseal (1) Schedule A to the complaint 2, (2) Sealed Exhibit 2, Declaration of Jay Harvey Paragoso 16, and (3) the sealed temporary restraining order 21. Plaintiff's counsel is ordered to add ALL Defendant names listed in the Schedule A to the docket within three business days, instructions can be found on the court's website https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Term inate_Instructions.pdf. Telephonic status hearing set for 11/14/2024 at 9:15 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (650) 479-3207 and the access code is 1808131170. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice
10/28/2024 NEW PARTIES: Unoopler, US-fkbd, USA Green Light, Vo Chi Sang, Wanganjianga, WANVA, WANXINXUE1990, WaterCreekSea, Weixian Huichuang Trading Co., Ltd., WLWLG, Wodicy Home, WONBOW US, WONDERFUL, WUCHEN1, WUZHENMING FLAG US, xialanyishupinyouxiangongsi, XIANGTANMIAOWANGMAO, xiangyangshizisikejiyouxiangongsi, xianyoujihanjumaoyiyouxiangongsi, Xiao Chunwei store, xierukuajing, XIEWEI HONG, XUCHENYU12, Yamaxt, yanfsn, Yarcooly, yblut, Yi Yun Xuan photography supplies, YIKU1, YNOU, YTYXMJINGYING, YueJinKeji, Yuncheng Yanhu District Weixiang Trading Co., Ltd., YunChengShiYanHuQuHongLiangWangLuoKeJiYouXianGongS i, yunchengshiyanhuquyiyindishangmaoyouxiangongsi, YunChengShiYanHuQuYunXingWangLuoKeJiYouXianGongSi, YunChengShiYanHuQuYuTengDianZiShangWuYouXianGongSi, YUXIAO0808, YXXCM, YYYwenwenhappy, Zhaonan, zhaoqingxiongstore, ZHOUHUA2023, ZHUOXIUPIN520, Zirun2403, ziyi1212, zlhcgd, Zouzouamz01, Zwbin, Defendant 15, Defendant 36, Defendant 71, Defendant 86, Defendant 115, Defendant 174 and Defendant 230 added to case caption.
10/28/2024 NEW PARTIES: Nverou-us, ODAWA, Ozby LLC, PANYUEHUARUISHANGMAO, PingDingQingWeiDuShangMaoYouXianGongSi, PingDingShanXiangBenShangMaoYouXianGongSi, Probsin Store, Pufang, Pusoalin, QCloud-US, QGHOT, Qianshan Store, Qiaozeng, qikeyuan, Qili Trading, QUANNH THU SHOP, qzjinghao, RELIEF, renping shangmao, RTYuihongoutlet, SDR AMZSTORE, shuozhang666, Sijilaicai, SlaviteFestiwal, SoKoot, Somehow, Speng US, Sport Games, Stidsds, Sunflower Casa, Superboom-US, Suqinglai Store, taiyuanshiazhushangmaoyouxiangongsi, Tan Haiyang, TANYSSHUYAOHUDSHDFF, Tezivvo, thxwrights and TSENC added to case caption.
10/28/2024 NEW PARTIES: jmym shop, JP St, Jutamore, JX TECH, Kaitan Liu, kaiyingdun, Kawaboss, Keaziu, KhalkedonTshirt, Kihad Store, KIM-Store, KisUrhrs, KKFJXC, Kongki Ftry, Kunming Shucong E-commerce Co., Ltd., KUNMINGSHAISANJINGSHANGMAOYOUXIANGONGSI, KY-DIY, LiFujunLiFujun, linjiazhen123, linpeiqin qqstore, linzhixionhaibao, LIUDIANPU, liuzhichengdianpu, lixiaoyang11, Lixure Store, LIZICHENGDSHGNOP, LKBBC, Loccor, Lucky Dreamer, Luminary You, LYW888, maikeldJS, maoyukuajing, Megreey, Mflagperft, MSFHHA, MXGFT, national alert, NewDream 056 and NHIS STORE added to case caption.
10/28/2024 NEW PARTIES: huangweiposter66, huanhaunBBstore, HUI01, Huizhou city star electronic commerce Co., LTD, huizhoushiyeyaodianziyouxiangongsi, huolongsen, INUIT DIRECT, ISSME3, jiangyuxiang2024, jiejiebaby store, JINLING US, jinlulu Happy, JINPT and JLSFIOOP added to case caption.
10/28/2024 NEW PARTIES: Duludulu, dyck, Eaguecros, East Saint, Elmodam, Entendy Fashion, Ercadio, EvanGui, fangjiawei, fanxingranran, Ffill, Fisottey, Fly Taurus, flycolorsUSA, flyingflags, FOOLISH, Funnlot, Gangzhi Products, gaoxiamaoyi, GBPLAIN, Goming, Gong Qingyun, GuangZhouBinLianShangMaoYouXianGongSi, GuangZhouChangLiuShangMaoYouXianGongSi, guangzhoumenggushangmaoyouxiangongsi, GZAZSMFC, HealthSTEC, hejiasykd, Hello S1, HH Vintage, Hjugp-us and HKlonghuaqingshi added to case caption.
10/27/2024 NEW PARTIES: CHIFIGNO, CHNYWORK, chongqingjinsihuangmaoyiyouxiangongsi, Clourful Flag Exent/Konern Department, COOLMATEUS, CTEFEELS, Custom Vogue, Custom-Inc, CYGXIN, Cyodoos, DAZAIQY, DePhotoHome, DHKTAL, dingchuang, Dinghua ecological environment, dinhcongtung shop, Dooooki Craft, DreamJewels and Dudaacvt added to case caption.
10/26/2024 NEW PARTIES: 2023DuoDuo, 3C3C, A-ZCOVER, AaronAaron, alexshopping2014, ALIBA, AltoDDS, AMZFLAG INC, and maps, Anhui Sitingka Trading Co., Ltd, Atharv Jewels, Atvscay, Authoritative World, BEAUTIFULr, BJSK, Bloomyshop, BLUE HEAVEN JEWELS, BOOK, caiaiyanhaibao, CANTENDO.USA, Cascbow, cassdera, Ccmall-Clothes, chaohuitee, Charming_Creation, chenjianbingstore, Chenniaoo, ChenWenJing01 and CHENZHUOSHANGMAO added to case caption.
10/16/2024 ATTORNEY Appearance for Defendant Haakong by Steven G Kalberg
10/11/2024 MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's motion for entry of a preliminary injunction 23 will be heard at the telephonic hearing set for 10/15/2024 at 9:00 AM. Any person wishing to be heard on the motion shall file an appearance and contact the courtroom deputy (laritza_arcos@ilnd.uscourts.gov) for instructions on how to join the call. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice
10/10/2024 SUMMONS Returned Executed by United States Olympic and Paralympic Committee as to The Partnerships and Unincorporated Associations Identified on Schedule A on 10/10/2024, answer due 10/31/2024.
附件:
1:(Declaration of Service)
10/10/2024 MEMORANDUM by United States Olympic and Paralympic Committee in support of motion for preliminary injunction 23
附件:
1:Declaration of Keith A. Vogt
2:(Exhibit 1, of Keith A. Vogt's Declaration)
10/10/2024 MOTION by Plaintiff United States Olympic and Paralympic Committee for preliminary injunction
10/07/2024 SURETY BOND in the amount of $ 10,000 posted by United States Olympic and Paralympic Committee. (Document not scanned)
10/03/2024 SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A
10/01/2024 SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Andrea R. Wood on 10/1/2024. Mailed notice
10/01/2024 MINUTE entry before the Honorable Andrea R. Wood: Telephonic motion hearing held on 10/1/2024. For the reasons stated on the record, Plaintiff's motion for leave to file under seal 12, motion to exceed page limitation 13, and ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and service of process by email and/or electronic publication 14 are granted. Enter Sealed Temporary Restraining Order. The Clerk's Office is directed to maintain the following documents under seal until further order of this Court: (1) Schedule A to the complaint 2, and (2) Sealed Exhibit 2, Declaration of Jay Harvey Paragoso 16. The Temporary Restraining Order shall be maintained under seal until further order of the Court. The Temporary Restraining Order is entered effective 9:30 a.m. on 10/1/2024 and shall expire in fourteen (14) days. It is further ordered that Plaintiff shall deposit with the Court ten thousand dollars ($10,000.00) as security, determined adequate for the payment of such damages as any person may be entitled to recover as a result of a wrongful restraint hereunder. Telephonic status hearing set for 10/15/2024 at 9:00 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice
09/20/2024 MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's motion for leave to file under seal 12, motion to exceed page limitation 13, and ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and service of process by email and/or electronic publication 14 are set for a telephonic motion hearing on 10/1/2024 at 9:30 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice
09/20/2024 MAILED to plaintiff(s) counsel Lanham Mediation Program materials.
09/20/2024 MAILED trademark report to Patent Trademark Office, Alexandria VA.
09/18/2024 SEALED EXHIBIT by Plaintiff United States Olympic and Paralympic Committee Sealed Exhibit 2, Declaration of Jay Harvey Paragoso regarding memorandum in support of motion, 15
附件:
1:Exhibit 2-1
2:Exhibit 2-2
3:Exhibit 2-3
4:Exhibit 2-4
5:Exhibit 2-5
6:Exhibit 2-6
7:Exhibit 2-7
8:(Exhibit 2-8)
09/18/2024 MEMORANDUM in Support of 14 Exparte Motion
附件:
1:Declaration of Keith A. Vogt
2:Exhibit 1-4, of Keith A. Vogt's Declaration
3:Declaration of Jay Harvey Paragoso
4:(Exhibit 1, of Jay Harvey Paragoso's Declaration)
09/18/2024 MOTION by Plaintiff United States Olympic and Paralympic Committee for leave to file excess pages
09/18/2024 MOTION by Plaintiff United States Olympic and Paralympic Committee for leave to file under seal
09/18/2024 CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order.
09/18/2024 CASE ASSIGNED to the Honorable Andrea R. Wood. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (Civil Category 2).
09/18/2024 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by United States Olympic and Paralympic Committee
09/18/2024 ATTORNEY Appearance for Plaintiff United States Olympic and Paralympic Committee by Yi Bu
09/18/2024 ATTORNEY Appearance for Plaintiff United States Olympic and Paralympic Committee by Yanling Jiang
09/18/2024 ATTORNEY Appearance for Plaintiff United States Olympic and Paralympic Committee by Monica Rita Martin
09/18/2024 ATTORNEY Appearance for Plaintiff United States Olympic and Paralympic Committee by Christopher Romero
09/18/2024 ATTORNEY Appearance for Plaintiff United States Olympic and Paralympic Committee by Cameron Eugene Mcintyre
09/18/2024 ATTORNEY Appearance for Plaintiff United States Olympic and Paralympic Committee by Adam Grodman
09/18/2024 ATTORNEY Appearance for Plaintiff United States Olympic and Paralympic Committee by Keith A. Vogt
09/18/2024 CIVIL Cover Sheet
09/18/2024 SEALED DOCUMENT by Plaintiff United States Olympic and Paralympic Committee Schedule A to Complaint 1
09/18/2024 COMPLAINT filed by United States Olympic and Paralympic Committee; Filing fee $ 405, receipt number AILNDC-22492622.
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:(Exhibit 4)

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